As used in this article, the following terms mean:

(1) "Cable service" is defined as set forth in 47 U.S.C. Section 522(6).

(2) "Cable service provider" means a person or entity who is a cable operator, as defined in 47 U.S.C. Section 522(5), throughout the area it serves pursuant to Section 58-12-310, and is subject to Section 58-12-350.

(3) "Cable system" is defined as set forth in 47 U.S.C. Section 522(7).

(4) "Franchise" means an initial authorization, or renewal of an authorization, issued by a franchising authority regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable or video services network in the public rights-of-way.

(5) "Franchising authority" means a governmental entity empowered by federal, state, or local law to grant a franchise for cable or video services. With regard to the holder of a state-issued certificate of franchise authority within the areas covered by the certificate, the Secretary of State is the sole franchising authority.

(6) "Gross revenues" means all revenues received from subscribers for the provision of cable or video services, including cable or video franchise fees, and all revenues received from nonsubscribers for advertising and home shopping services. Gross revenues shall not include:

(a) any tax, surcharge, or governmental fee billed to subscribers including, but not limited to, a business license tax levied by a municipality pursuant to Article 20, Chapter 9, Title 58;

(b) any revenue not actually received, even if billed, such as bad debt;

(c) any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide video programming;

(d) refunds, rebates, or discounts;

(e) returned check fees or interest;

(f) sales or rental of property, except such property as the subscriber is required to buy or rent exclusively from the cable or video service provider to receive cable or video service;

(g) any revenue received for installing or maintaining inside wiring for services other than cable or video services;

(h) any revenues from services provided over the network that are associated with or classified as noncable or nonvideo services under federal law, including, without limitation, revenues received from telecommunications services, information services, Internet access services, directory or Internet advertising revenue (including, without limitation, yellow pages, white pages, banner advertisements, and electronic publishing advertising). Where the sale of any such noncable or nonvideo service is bundled with the sale of any cable or video service or services and sold for a single nonitemized price, the term "gross revenues" shall include only those revenues that are attributable to cable or video services based on the provider's books and records, such revenues to be allocated in a manner consistent with Generally Accepted Accounting Principles;

(i) sales for resale with respect to which the purchaser is required to pay a franchise fee; or

(j) any reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming.

(7) "Incumbent cable service provider" means the cable service provider serving the largest number of subscribers in a particular municipality or in the unincorporated area of a county on the effective date of this article.

(8) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway.

(9) "Video programming" means programming provided by, or generally considered comparable to, programming provided by a television broadcast station, as set forth in 47 U.S.C. Section 522(20).

(10) "Video service" means video programming services provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider as defined in 47 U.S.C. Section 332(d), video programming provided via a cable service, or video programming provided as part of, and via, a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet.

(11) "Video service provider" means a person that provides video service.

HISTORY: 2006 Act No. 288, Section 4, eff May 23, 2006; 2007 Act No. 8, Section 2, eff March 30, 2007.

Editor's Note

2006 Act No. 288, Section 1, provides as follows:

"This act is known and may be cited as the 'South Carolina Competitive Cable Services Act' ".